The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council publishing the complainant’s personal information on its website. This is because the complainant has already complained to the Information Commissioner, who is best place to deal with these matters. It would be reasonable for the complainant to pursue her claim for compensation through the courts.
The complaint
The complainant, whom I will refer to as Miss X, has complained the Council breached data protection laws by publishing her details and complaint on its website. Miss X says this has created issues with her neighbour and she has been caused significant distress by the matter. Miss X says the Council’s response fails to recognise the seriousness of the issues and it should compensate her.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
I will not investigate Miss X’s complaint about the Council breaching data protection laws by publishing her details on its website. This is because she has already complained to the Information Commissioner’s Office (ICO). The ICO is best placed to consider complaints such as this.
I also consider it reasonable for Miss X to go to court should she wish to seek compensation from the Council for distress caused by the claimed data breach.
Final decision
We will not investigate Miss X’s complaint because she has already complained to the ICO and it would be reasonable for her to pursue her claim for compensation through the courts.
Investigator's decision on behalf of the Ombudsman